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BANDARU SYAMSUNDER
Challagandla Hanumantha Rao – Appellant
Versus
Perumalla Venkata Hanumantha Rao – Respondent
JUDGMENT
Bandaru Syamsunder, J. - This Civil Revision Petition is filed under section 22 of AP Buildings (Lease, Rent and Eviction) Control Act, 1960 (herein after called in short 'Rent Control Act') against the Orders passed in RCA. No. 1 of 2012, dated 18.12.2014 on the file of learned Senior Civil Judge, Bhimavaram wherein and whereby the learned appellate Judge dismissed the rent control appeal filed by the revision petitioner/tenant and confirmed the orders passed by the Rent Controller-cum-Prl., Junior Civil Judge, Bhimavaram in RCC No. 3 of 2009, dated 29.06.2012.
2. The revision petitioner who is tenant of respondent in respect of RCC No. 3 of 2009 case schedule shop room. The respondent/landlord filed petition against the revision petitioner before the Rent Controller under Section 10 (2), 10 (2) (iii) and 10 (3)(a) (iii) of Rent Control Act seeking eviction of the petitioner from the petition schedule property on the ground that willful default, committing act of waste and also on the ground of bonafide requirement. The said petition allowed by the Rent Controller granting two months time to the petitioner to vacate from the petition schedule shop room.
3. Aggrieved by the f
The landlord is entitled to evict the tenant for willful default in payment of rent and bonafide requirement.
Point of Law : Law is well settled that in absence of any evidence regarding payment of rents or that procedure as laid down under Section 8 of the A.P. Buildings (Lease, Rent & Eviction) Control Act....
Failure to follow prescribed rent payment procedure constitutes wilful default under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960.
The main legal point established in the judgment is that tenants cannot deny the status of a landlord based on the agreed rent and must provide satisfactory evidence to support their claims.
The court affirmed a landlord's bona fide need for eviction under the Kerala Rent Control Act, reinforcing the limited scope of revision petitions.
Eviction can be mandated under the provisions of the Kerala Buildings (Lease and Rent Control) Act if bona fide needs are established.
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